IN THE DISTRICT COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN AT WUSE ZONE 2, ABUJA.

SUIT NO:

BETWEEN

MR. JUBRIL OGUNBUNMI suing through my Lawful Attorney

HON. BRIGHT NOGHAYIN OSAYANDE ESQ …….......……PLAINTIFF
AND
BOT ENGINEERS LIMITED …………...…….……....…. DEFENDANT

TO:

BOT ENGINEERS LIMITED

No. 29, Ontario Crescent, Maitama, Abuja, FCT.
APPLICATION FOR ISSUANCE OF PLAINT

Kindly cause a plaint to be issued against the defendant at the instance of the
Plaintiff in the following terms:

PARTICULARS OF PLAINT

1. The Plaintiff is the owner of the Four (4) Bedroom Duplex and three (3)
Bedroom Bungalow apartments occupied by the Defendant situate, lying
and known as all that Four (4) Bedroom Duplex and three (3) Bedroom
Bungalow apartments at No. 29, Ontario Crescent, Maitama, Abuja,
hereinafter referred to as the PROPERTIES belonging to the Plaintiff.
2. The above-mentioned properties comprise of a Four (4) Bedroom Duplex
and three (3) Bedroom Bungalow Apartments together with their
appurtenances which the defendant holds of the Plaintiff as a tenant at
will without any subsisting tenancy agreement from the Plaintiff as the
Defendant’s purported respective tenancy agreement (Lease Agreements)
have since expired. The one in respected of the three (3) Bedroom
Bungalow has expired on the 28th day of February, 2023 by effluxion of
time as contemplated in the Lease Agreement dated 23 rd day of
September, 2019 for a term of three (3) years certain as contemplated in

1|Page
 the Lease Agreement of 23rd September, 2023 between the Plaintiff’s
Late Mother and the Defendant; And The other one in respected of the
Four (4) Bedroom Duplex has expired on the 5 th April, 2023 by effluxion
of time as contemplated in the Lease Agreement dated 6 th September,
2016 which was for a term of Six (3) years certain as contemplated in the
Lease Agreement of 6th September, 2016 between the Plaintiff’s Late
Mother and the Defendant and nothing more.
3. The Defendant took possession and let the property described in
paragraph 1 above, having paid the agreed rent.
4. However, from on the 28th day of February, 2023 and 5th April, 2023
respectively when the Defendant’s tenancy(leasehold) and occupation
expired on the respective properties described in paragraph 1 above; the
Defendant has failed to yield and delivered vacant possession of the
respective properties to the Plaintiffs despite repeated demand and
including issuance of Notice of Plaintiff’s intention to apply to Court to
recover possession of the said respective properties.
5. The Plaintiff avers that in line with the Lease agreement entered into
between his late Mother (Mrs. Stina Kio Ogunbunmi) and the Defendant
the said Lease Agreements/tenancy dated 23 rd September, 2019 was for a
term of three (3) years certain commencing from on the 1 st day of March,
2020 to 28th day of February, 2023 in respect of the three (3) Bedroom
Bungalow apartment.
6. The Plaintiff avers that in line with the Lease agreement entered into
between his late Mother (Mrs. Stina Kio Ogunbunmi) and the Defendant
the said Lease Agreements/tenancy dated 6 th day of September, 2016 was
for a term of Six (6) years certain commencing from on the 6 th day of
April, 2017 to 5th April, 2023 in respect of the Four (4) Bedroom Duplex
apartment.
7. The Plaintiff avers that the tenancy in issue in respect of the above
mentioned PROPERTIES commenced on 1 st Day of March, 2020 and
lapsed on the 28th day of February, 2023 by effluxion of time in respect of
the three (3) Bedroom Bungalow apartment; while the other apartment
commenced on the 6th April, 2017 and lapsed on the 5 th April, 2023 by
effluxion of time in respect of the Four (4) Bedroom Duplex apartment.
But the Defendant has however refused to vacate the said premises and
deliver up possession to the Plaintiff till date despite repeated demand by
the Plaintiff and also failed to comply to the Notices served on it at the

2|Page
 premises to vacate the said premises that the Plaintiff requires same for
his own use despite its promise thereafter to vacate the two property.
8. The Plaintiff avers that the Defendant has continued to detain the
premises and refused to deliver up possession despite the expiration of its
term on the respective date of 28th February, 2023 and 5th April, 2023 and
despite repeated demand by the Plaintiff for the defendant to vacate the
property and deliver up vacant possession.
9. The Plaintiff avers that sometime in February, 2023, the Plaintiff
appointed Hon. Bright Noghayin Osayande, Esq, as his lawful attorney,
authorising him to take immediate and effective management, control and
charge of the said property and to exercise the said powers on behalf of
the Plaintiff in respect of the property and apartments in issue. The
Plaintiff’s Letter of Authority to Hon. Bright Noghayin Osayande,
Esq dated the 1st day of February, 2023 and a Power of Attorney
donated by the Claimant to Hon. Bright Noghayin Osayande, Esq,
dated February, 2023 are hereby pleaded and shall be relied upon at
the trial of this case.

10.The Plaintiff avers that upon the refusal of the Defendant to deliver up
possession at the expiration of its tenancy/lease agreement which are for a
term certain. The Plaintiff pursuant to the Letter of Authority and Power
of Attorney in paragraphs 9 above, instructed the law firm of Messrs.
Samuel O. Zibiri, SAN & Co; El-Shaddai Chambers, to issue and serve
on the Defendant, the mandatory Seven (7) days’ Notice of Owner’s
Intension to Apply to Court to recover Possession of Premises, upon the
expiration of the Defendant’s Lease on the Properties/Apartments.

11.The Plaintiff avers that consequent upon the above instruction, and upon
the expiration of the Defendant’s respective Lease Agreement by
effluxion of time on 28th February, 2023 and 5th April, 2023 respectively
the Solicitor to the Plaintiff issue and served on the Defendant, the
Mandatory Seven (7) days’ Notice of Owner’s Intension to Apply to
Court to recover Possession of Premises, upon the expiration of the
Defendant’s Lease on the Properties/Apartments. The Said Notices are
the one dated 6th day of March, 2023 and the other one dated 19 th day of
May, 2023 which were served on the Defendant on the 8 th day of March,

3|Page
 2023 and on the 23rd day of May, 2023 respectively. The said Seven (7)
days’ Notices of Owner’s Intension to Apply to Court to recover
Possession of Premises served on the Defendant dated 6 th March,
2023 and 19th May, 2023 respectively are hereby pleaded and same
shall be relied upon at the trial of this case.

12.The Plaintiff avers that despite their several demands as well as the
mandatory Seven (7) days’ Notice of Owner’s Intension to Apply to
Court to recover Possession of Premises served on the Defendant on the
8th March, 2023 and on the 23rd May, 2023 upon the expiration of the
Defendant’s Lease on the Properties/Apartments by effluxion of time the
Defendant has refused and /or failed to vacate Premises and deliver up
vacant possession of the demised premises to the Plaintiff but rather
continues to hold over and occupy the Plaintiff’s property.
13.The Plaintiff hereby gives the Defendant Notice to produce all the
original documents mentioned herein in his possession.
14.The Plaintiff aver that he gave written instructions and Power of Attorney
to his Attorney to manage the said property and issue the referred Notices
to the Defendant and also to sue in his place if need be and give evidence
in Court. A copy of the Plaintiff Power of Attorney and letter of
instruction are already hereby pleaded and same shall be relied upon
at the trial of this case.
15.The Plaintiff avers that he requires the Apartments in issue for his
personal use and the Defendant’s failure and refusal to vacate and deliver
up vacant possession of the demised premises to the Plaintiff is making
the Plaintiff to continue to suffer economic losses and the Defendant has
been unable to use the property as intended.

WHEREOF the Plaintiff’s claims against the Defendant as follows:

(a) An Order of this Honourable Court granting the Plaintiff immediate

vacant Possession of the Apartment/properties known as all that Four (4)
Bedroom Duplex and three (3) Bedroom Bungalow apartments at No. 29,
Ontario Crescent, Maitama, Abuja; being held over by the Defendant in a
tenantable condition.

4|Page
 (b) An Order of Court awarding the sum of N5,000,000.00 (Five Million
Naira) only as the cost of this suit.

DATED THIS 11TH DAY OF OCTOBER, 2024

__________________________________
 Anderson U. Asemota Esq., ACIArb.(UK)
Monday Ojore Mawah Esq, Peter O. Asimegbe Esq.
Monioluwa Sharon Jegede, Esq. Plaintiff’s Counsel
Neplus Ultra Attorneys:
11, Banjul Street off Monrovia Crescent, Wuse 2, Abuja,Tel.:08135645604,
08131875324Email:[email protected] Web: www.neplus-law.com

FOR SERVICE ON THE DEFENDANT:

No. 29, Ontario Crescent, Maitama, Abuja, FCT.

5|Page
 IN THE DISTRICT COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN AT WUSE ZONE 2, ABUJA.

SUIT NO:

BETWEEN

MR. JUBRIL OGUNBUNMI suing through my Lawful Attorney

HON. BRIGHT NOGHAYIN OSAYANDE ESQ …….......… PLAINTIFF
AND
BOT ENGINEERS LIMITED …………...…….………..…. DEFENDANT

TO:

BOT ENGINEERS LIMITED

No. 29, Ontario Crescent, Maitama, Abuja, FCT.
WITNESS STATEMENT ON OATH

I, HON. BRIGHT NOGHAYIN OSAYANDE ESQ (Legal

Practitioner) Of No. 15, Uwuigbe Street, Off MTN Mast,
Road, Off Ugbor Village Road, Benin City, Edo State,
Nigeria, Male, Adult, Christian, Lawful Attorney to the Plaintiff;
do hereby make oath and states as follows:

1. That I am the Plaintiff’s lawful Attorney and by virtue of my

position I am conversant with the facts of this case.
2. That I am a Nigeria and a Legal Practitioner and I know the property the
Defendant presently occupies at No. 29, Ontario Crescent, Maitama, Abuja
which belong to MR. JUBRIL OGUNBUNMI by inheritance.
3. That I have the consent and authority of MR. JUBRIL OGUNBUNMI and
the Plaintiff’s Counsel to depose to this Witness Statement on Oath.
4. That I know that the Defendant presently occupies the said property
despite the expiration of his tenancy and service of necessary Notices.
5. That the Plaintiff is the owner of the Four (4) Bedroom Duplex and three (3)
Bedroom Bungalow apartments occupied by the Defendant situate, lying
and known as all that Four (4) Bedroom Duplex and three (3) Bedroom

6|Page
 Bungalow apartments at No. 29, Ontario Crescent, Maitama, Abuja,
hereinafter referred to as the PROPERTIES belonging to the Plaintiff.
6. That the above-mentioned properties comprise of a Four (4) Bedroom
Duplex and three (3) Bedroom Bungalow Apartments together with their
appurtenances which the defendant holds of the Plaintiff as a tenant at will
without any subsisting tenancy agreement from the Plaintiff as the
Defendant’s purported respective tenancy agreement (Lease Agreements)
have since expired.
7. That the one in respected of the three (3) Bedroom Bungalow has expired on
the 28th day of February, 2023 by effluxion of time as contemplated in the
Lease Agreement dated 23rd day of September, 2019 for a term of three (3)
years certain as contemplated in the Lease Agreement of 23 rd September,
2023 between the Plaintiff’s Late Mother and the Defendant; And The other
one in respected of the Four (4) Bedroom Duplex has expired on the 5 th
April, 2023 by effluxion of time as contemplated in the Lease Agreement
dated 6th September, 2016 which was for a term of Six(6) years certain as
contemplated in the Lease Agreement of 6 th September, 2016 between the
Plaintiff’s Late Mother and the Defendant and nothing more.
8. That the Defendant took possession and let the property described in
paragraph 1 above, having paid the agreed rent.
9. That However, from on the 28th day of February, 2023 and 5th April, 2023
respectively when the Defendant’s tenancy(leasehold) and occupation
expired on the respective properties described in paragraph 5 above; the
Defendant has failed to yield and delivered vacant possession of the
respective properties to the Plaintiff despite repeated demand and including
issuance of Notice of Plaintiff’s intention to apply to Court to recover
possession of the said respective properties.
10. That the line with the Lease agreement entered into between the
Plaintiff’s late Mother (Mrs. Stina Kio Ogunbunmi) and the Defendant the
said Lease Agreement/tenancy dated 23 rd September, 2019 was for a term of
three (3) years certain commencing from 1 st day of March, 2020 to 28th day
of February, 2023 in respect of the three (3) Bedroom Bungalow apartment.
11. That in line with the Lease agreement entered into between the
Plaintiff’s late Mother (Mrs. Stina Kio Ogunbunmi) and the Defendant the
said Lease Agreement/tenancy dated 6th day of September, 2016 was for a
term of Six (6) years certain commencing from on the 6 th day of April, 2017
to 5th April, 2023 in respect of the Four (4) Bedroom Duplex apartment.
12. That the tenancy of the Defendant in respect of the above
mentioned PROPERTIES commenced on 1st Day of March, 2020 and lapsed
on the 28th day of February, 2023 by effluxion of time in respect of the three
(3) Bedroom Bungalow apartment; while the other apartment commenced
on the 6th April, 2017 and lapsed on the 5 th April, 2023 by effluxion of time
in respect of the Four (4) Bedroom Duplex apartment. But the Defendant
7|Page
 has however refused to vacate the said premises and deliver up possession
to the Plaintiff till date despite repeated demand by the Plaintiff and also
failed to comply to the Notices served on it at the premises to vacate the said
premises that the Plaintiff requires same for his own use despite its promise
thereafter to vacate the two property.
13. That the Defendant has continued to detain the premises and
refused to deliver up possession despite the expiration of its term on the
respective date of 28th February, 2023 and 5th April, 2023 and despite
repeated demand by the Plaintiff for the defendant to vacate the property
and deliver up vacant possession forthwith.
14. That sometimes in February, 2023, the Plaintiff appointed me Hon.
Bright Noghayin Osayande, Esq, as his lawful attorney, authorising me to
take immediate and effective management, control and charge of the said
property and to exercise the said powers on behalf of the Plaintiff in respect
of the property and apartments in issue. The Plaintiff’s Letter of Authority
to Hon. Bright Noghayin Osayande, Esq dated the 1 st day of February,
2023 and a Power of Attorney donated by the Plaintiff to me (Hon.
Bright Noghayin Osayande, Esq,) dated February, 2023 are hereby
pleaded and same shall be relied upon at the trial of this case.
15. That upon the refusal of the Defendant to deliver up possession at
the expiration of its tenancy/lease agreement which are for a term certain.
The Plaintiff pursuant to the Letter of Authority and Power of Attorney in
paragraphs 14 above, instructed the law firm of Messrs. Samuel O. Zibiri,
SAN & Co; El-Shaddai Chambers, to issue and serve on the Defendant, the
mandatory Seven (7) days’ Notice of Owner’s Intension to Apply to Court
to recover Possession of Premises, upon the expiration of the Defendant’s
Lease on the Properties/Apartments.
16. That consequent upon the above instruction, and upon the
expiration of the Defendant’s respective Lease Agreement by effluxion of
time on 28th February, 2023 and 5th April, 2023 respectively the Solicitor to
the Plaintiff issue and served on the Defendant, the Mandatory Seven (7)
days’ Notice of Owner’s Intension to Apply to Court to recover Possession
of the respective two Premises, upon the expiration of the Defendant’s
Lease on the Properties/Apartments. The Said Notices are the one dated 6 th
day of March, 2023 and the other one dated 19 th day of May, 2023 which
were served on the Defendant on the 8 th day of March, 2023 and on the 23 rd
day of May, 2023 respectively. The said Seven (7) days’ Notices of
Owner’s Intension to Apply to Court to recover Possession of Premises
served on the Defendant; dated 6th March, 2023 and 19th May, 2023
respectively are hereby pleaded and same shall be relied upon at the
trial of this case.
17. That despite the several demands made on the Defendant to deliver
up possession or to yield same as well as the mandatory Seven (7) days’
8|Page
 Notice of Owner’s Intension to Apply to Court to recover Possession of the
Premises served on the Defendant on the 8 th March, 2023 and on the 23rd
May, 2023 upon the expiration of the Defendant’s Lease on the
Properties/Apartments by effluxion of time the Defendant has refused
and/or failed to vacate the Premises and deliver up vacant possession of the
demised premises to the Plaintiff but rather continues to hold over and
occupy the Plaintiff’s properties without any legal justification.
18. That Notice has been given to the Defendant to produce all the
original documents mentioned herein in his possession.
19. That the Plaintiff gave written instructions and Power of Attorney
to his Attorney to manage the said property and issue the referred Notices to
the Defendant and also to sue in his place if need be and give evidence in
Court. A copy of the Plaintiff Power of Attorney and letter of instruction
are already pleaded and same shall be relied upon at the trial of this
case.
20. That the plaintiff requires the Apartments in issue for his personal
use and the Defendant’s failure and refusal to vacate and deliver up vacant
possession of the demised premises to the Plaintiff is making the Plaintiff to
continue to suffer economic losses and the Plaintiff has been unable to use
the property as intended.
21. That it will be in the interest of justice to grant all the
Plaintiff’s Claims in this case.
22. That I, do solemnly and sincerely depose to this
Witness Statement on Oath in good faith, conscientiously
believing the content to be true to the best of my knowledge
and in accordance with the provisions of the Oath Act of
Nigeria 2004.

…………
Deponent

Sworn to at the District Court of the Federal Capital Territory

Registry, Abuja. This ……… day of …………………, 2024

BEFORE ME

COMMISIONER FOR OATHS

9|Page
 IN THE DISTRICT COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN AT WUSE ZONE 2, ABUJA.

SUIT NO:

BETWEEN

MR. JUBRIL OGUNBUNMI suing through my Lawful Attorney

HON. BRIGHT NOGHAYIN OSAYANDE ESQ …….......……PLAINTIFF
AND
BOT ENGINEERS LIMITED …………...…….……....…. DEFENDANT

TO:

BOT ENGINEERS LIMITED

No. 29, Ontario Crescent, Maitama, Abuja, FCT.
LIST OF DOCUMENTS

1. The Plaintiff’s Letter of Authority to Hon. Bright Noghayin

Osayande, Esq dated the 1st day of February, 2023.
2. Power of Attorney donated by the Plaintiff to (Hon. Bright
Noghayin Osayande, Esq,) dated February, 2023.
3. Seven (7) days’ Notices of Owner’s Intension to Apply to
Court to recover Possession of Premises served on the
Defendant; dated 6th March, 2023 and 19th May, 2023
respectively.

DATED THIS 11TH DAY OF OCTOBER, 2024

__________________________________
 Anderson U. Asemota Esq., ACIArb.(UK)
Monday Ojore Mawah Esq, Peter O. Asimegbe Esq.
Monioluwa Sharon Jegede, Esq. Plaintiff’s Counsel

10 | P a g e
 Neplus Ultra Attorneys:
11, Banjul Street off Monrovia Crescent, Wuse 2, Abuja,Tel.:08135645604,
08131875324Email:[email protected] Web: www.neplus-law.com

FOR SERVICE ON THE DEFENDANT:

No. 29, Ontario Crescent, Maitama, Abuja, FCT.

IN THE DISTRICT COURT OF THE FEDERAL CAPITAL
TERRITORY

HOLDEN AT WUSE ZONE 2, ABUJA.

SUIT NO:

BETWEEN

MR. JUBRIL OGUNBUNMI suing through my Lawful

Attorney
HON. BRIGHT NOGHAYIN OSAYANDE ESQ …….......…
PLAINTIFF
AND

BOT ENGINEERS LIMITED …………...…….……....….

DEFENDANT

TO:

BOT ENGINEERS LIMITED

No. 29, Ontario Crescent, Maitama, Abuja, FCT.
LIST OF WITNESSES

1. HON. BRIGHT NOGHAYIN OSAYANDE ESQ

DATED THIS 11TH DAY OF OCTOBER, 2024

__________________________________
 Anderson U. Asemota Esq., ACIArb.(UK)
Monday Ojore Mawah Esq, Peter O. Asimegbe Esq.
Monioluwa Sharon Jegede, Esq. Plaintiff’s Counsel
Neplus Ultra Attorneys:
11 | P a g e
11, Banjul Street off Monrovia Crescent, Wuse 2, Abuja,Tel.:08135645604,
08131875324Email:[email protected] Web: www.neplus-law.com

FOR SERVICE ON THE DEFENDANT:

No. 29, Ontario Crescent, Maitama, Abuja, FCT.

12 | P a g e